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Monday, March 30, 2015

Virginia Plaintiff Needed: What if We Challenged HB1366 in Court?

In the
last 4 weeks of waiting for Governor McAuliffe to either veto or signHB1366into law I was considering a
court challenge against the new law. Now that ithas been signed by the
GovernorI’ve circled back with a legal group on doing just
this.

A legal challenge requires a plaintiff, facts showing the injury
has or will most certainly occur, and a legal argument (vs. a policy argument)
about why the new law is bad.

In order to challenge any law, you have to have a plaintiff who is
someone who has standing to bring a legal claim (i.e., someone who has been or
will definitely be “injured” by the law), and you have to show what the injury
is and how the injury offends the law.

To get an injunction against a new law from going into effect, you also have to be able to show that your legal case is so strong that you
have a “likelihood of winning on the merits” and that a damages claim would not
be sufficient to remedy the harm caused.

At the moment a civil liberties group is considering this for
HB1366.

But first we need a
plaintiff.

If you are:

A Virginia Registered Sex
Offender, classified as Violent (sorry HB1366 does not apply to
Non-Violent Offenders)

You currently have school-aged
children (not grandchildren) that are related by blood (not marriage or adoption) OR they will
be starting school in less than 2 years

You have NOT already
petitioned the court (successfully or unsuccessfully) to obtain permission
to be on school property so you can take your children to-and-from school and/or
attend their school-sponsored activities on and off school property

You are willing to be a public
plaintiff in a court-challenge

….then I need you to email me (marydavyedevoy@comcast.net) immediatelyso the legal team can
determine the likelihood of a successful challenge and injunction knowing they
have an actual plaintiff.

If you are selected you would not
be asked to pay for legal representation but you must be willing to have your name entered into the court
filings and to travel to ALL
court proceeding as the challenge works it’s way through the courts, it could
take more than a year.

If you meet the above requirements and are willing to be a
plaintiff against HB1366 please contact me and I’ll give you next steps.

Disclaimer:

This blog is for informational purposes only; I strive to provide accurate and current information.

I do not claim to be a legal resource and suggest you always consult with a licensed Attorney and the Virginia State Police’s Sex Offender Hotline (804) 674-2825 where needed.

I advocate for data-driven, proven reform as opposed to the current knee-jerk, myth-driven, one-size-fits-all method in Virginia. I do not support abolishment of the registry and that is why I do not link to other groups or sites with an abolishment goal or ones with radical tactics.

This blog is not affiliated with any other group and does not solicit donations because it is not an incorporated non-profit.